The Law Commission has proposed major updates to the Wills Act 1837 which is one of the oldest pieces of legislation still in force in England and Wales. The aim is to modernise how Wills are written, witnessed and validated in England and Wales, making the process more accessible and reflective of today’s society.
So what’s changing, and how could it affect you?
Marriage or civil partnership will no longer revoke your Will
One of the biggest changes is that getting married or entering a civil partnership will no longer cancel your existing Will. Under current law, this is exactly what happens which often catches people out.
If the reform goes ahead, your Will would stay valid unless you choose to update it. That makes it even more important to review your Will when major life events happen, such as marriage, divorce or starting a family.
It’s also worth noting that marriages or civil partnerships taking place before the new legislation comes into force will still revoke an existing Will. These Wills cannot be revived by the new law, so keeping your Will up to date remains just as important.
The legal age to make a Will will reduce from 18 to 16
The legal age for making a Will is set to drop from 18 to 16. This is a welcome change for young people who may already have financial responsibilities, dependants or specific wishes they want to document.
Wills can be signed and witnessed remotely
During the pandemic, temporary legislation allowed Wills to be witnessed remotely via video call. This flexibility is now expected to become permanent, allowing people to sign and witness Wills remotely using secure systems and digital signatures.
While this change makes the process more accessible, it also raises concerns about potential fraud or undue pressure. That’s why the proposals include stronger legal safeguards to protect vulnerable individuals.
Courts will have more power to intervene
To help manage the risks of digital and remote Will-making, courts will be given greater powers to intervene. This includes the ability to challenge a Will that may have been made under duress, or where there are concerns about the person’s mental capacity.
What does this mean for you?
These proposed changes make it easier to write and update your Will, but they also highlight the importance of professional advice. Just as life circumstances change, so should your Will and regular reviews are the best way to ensure your wishes are still clearly documented.
At SMH Group, our Wills & Probate team is here to help. We’ll guide you through the process with straightforward advice and personal support, whether you’re writing your first Will or updating an existing one.
Need help reviewing or updating your Will? Get in touch with us on 01142 664 432 or email wills@smh.group.
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